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JOINT CIRCULAR No

JOINT CIRCULAR No. 21/1999/TTLT/BTM-BCA-BGTVT-TCHQ OF JUNE 23, 1999 GUIDING THE ORGANIZATION AND COORDINATION IN THE FIGHT AGAINST TRANSPORTATION OF SMUGGLED GOODS ON RAILWAY LINES

In execution of Directive No. 853/1997/CT-TTg of October 11, 1997 of the Prime Minister on the fight against smuggling and Official Dispatch No. 4104/VPCP-VI of October 12, 1998 of the Minister-Director of the Government Office on the implementation of Directive No. 853/1997/CT-TTg;

The Ministry of Trade, the Ministry of Communications and Transport, the Ministry of Public Security and the General Department of Customs jointly provide the following guidance for a number of points in the organization and coordination in the fight against the transportation of smuggled goods on railway lines:

I. GENERAL PROVISIONS

1. The ministries, the ministerial-level agencies, the specialized branches and the People’s Committees of various levels crossed by railways shall have to organize and direct the fight against smuggling, trade fraud and the transportation of smuggled goods on railway lines according to their functions and powers already provided for by law.

2. Goods transported on railway lines (including goods on trains, at the railway platforms and railway stations, in the railway warehouses and yards) which the railway service has accepted to transport must have receipts and legal papers accompanying the goods as prescribed by law.

3. The railway service shall have to closely cooperate with and create conditions for the specialized forces against smuggling and trade fraud to carry out their tasks.

4. The organization of and coordination among the forces: police, market management, customs, forest control, taxation and the railway service on railway lines aimed at fighting against smuggling and trade fraud must not affect passengers on the trains and the owners of lawful goods nor the activities of the railway service itself and must ensure security and order on the trains, at the railway stations and the sectors under the railway service management, must contribute to the fight against ticket evasion and freight charge evasion. Except for the specialized forces mentioned above, no agency or organization is allowed to inspect without authorization.

5. Organizations and individuals that make meritorious achievements in the fight against smuggling and trade fraud on railway lines shall be rewarded as prescribed by law.

II. CONCRETE GUIDANCE ON THE ORGANIZATION AND COORDINATION IN FIGHTING AGAINST THE TRANSPORTATION OF SMUGGLED GOODS ON RAILWAY LINES

A. ASSIGNMENT OF AREAS OF RESPONSIBILITY

1. The customs service shall organize the carrying out of the task or assume the prime responsibility and coordinate with the police and the market management force in carrying out inspection and control of smuggled goods in the area of international transshipment railway stations at the border and at the border stations of transshipment in the inland or the places of customs clearance of goods as prescribed by the customs administration.

2. The market management force shall assume the prime responsibility and coordinate with the police, customs service and railway service in conducting inspection and control of goods on railway lines including station platforms, stations, station yards, station warehouses and on the trains.

When detecting suspicious signs of smuggled goods on railway lines, the forces of inspection and control mentioned above must take the initiative in inspecting and use measures to check violations, at the same time inform the responsible forces to coordinate with them in discharging their tasks as prescribed and shall have to take responsibility for the organization of inspection and control.

3. The People’s Committees of the provinces and centrally-run cities directly crossed by railway lines shall have to direct the specialized forces to coordinate actions in carrying out the inspection and control and handling the violations as prescribed by law.

4. The railway service shall direct the stations to create favorable conditions for these forces to cooperate in carrying out the task of fighting against smuggling and trade fraud on railway lines.

B. SOME REGULATIONS ON INSPECTION AND CONTROL TO DETERMINE THE SMUGGLED GOODS TRANSPORTED ON RAILWAY LINES

1. Checking vouchers of the transported goods:

1.1. For the goods transported in the area of international transshipment stations at the border:

a/ Goods imported under quota under trade contracts must be provided with all the papers prescribed in Part II, Section B, Point 2 of Circular No. 73/TC-TCT of October 20, 1997 of the Ministry of Finance guiding the regime of invoices and vouchers for goods in circulation on the market.

b/ Non-quota goods imported without trade con-tracts must be provided with all the papers stipulated in Part II, Section B, Point 1 of Circular No. 73/TC-TCT of October 20, 1997 of the Ministry of Finance. Imported goods bought at border markets must have all the papers stipulated at Point 4 of Circular No. 17/1999/TT-BTC of February 5, 1999 of the Ministry of Finance.

c/ Goods which are gifts, presents and luggages of entrants into Vietnam by railway must have all the papers stipulated in Part II, Section B, Points 4 and 5 of Circular No. 73/TC-TCT of October 20, 1997 of the Ministry of Finance.

1.2. For goods transported on inland railway lines:

Goods circulated in the area of the railways station include: goods being transported on train, in the railway station, in the warehouses and yards of the railway station; they must have all the accompanying receipts and legal papers stipulated in Circular No. 73/TC-TCT of October 20, 1997 and Circular No. 17/1999/TT-BTC of February 5, 1999 of the Ministry of Finance.

2. Goods inspection:

2.1. For goods with contracts on railway transport: the inspection and checking of these goods can be made only at the loading and unloading railway stations.

2.2. For goods without railway transport contracts: Inspection and control shall be made on any train and station where the trains are prescribed to stop for inspection.

2.3. When detecting smuggled goods on moving trains if the need arises to stop the train or to detach a carriage for inspection and prevention, the agency having the mission to fight against smuggling and trade fraud must produce a written request of a competent agency, such as the provincial/municipal market management agency, the police, the customs service to stop the train and detach a carriage in order to coordinate with the station master and the head of the train. Upon receiving the written request to stop the train and detach a carriage to inspect the suspicious goods, the station master and head of the train shall have to report to the competent agency of the railway service for permission to stop the train and detach a carriage for inspection.

The agency that asks to stop the train shall have to bear responsibility before law for its action. If no violation is committed it must compensate the railway service for all the expenditures (if any) that arise.

C. HANDLING OF VIOLATIONS

1. All acts of violation concerning smuggling and trade fraud or transportation of smuggled goods and tax evasion on railway lines shall be handled according to current provisions of law.

2. The forces having the function of fighting against the transportation of smuggled goods on railway lines can inspect, control and handle only violations according to their competence and the procedures on administrative sanctions as currently prescribed. In case of serious violation to the extent of examination for penal responsibility, they shall have to transfer the dossiers and evidences to the specialized agencies for settlement.

3. All acts of harassment or hindrance to the fight against smuggling and trade fraud regarding goods transported by railway thus causing obstruction to railway traffic shall be sanctioned administratively or examined for penal responsibility.

III. ORGANIZATION OF IMPLEMENTATION

1. This Circular takes effect 15 days after its signing for implementation.

2. The Ministry of Trade, the Ministry of Public Security, the Ministry of Communications and Transport, the General Department of Customs and the People’s Committees of the provinces and centrally-run cities crossed by railways shall, basing themselves on this Circular, issue guiding documents and direct the implementation thereof by the forces against smuggling and trade fraud on railway lines.

3. The forces against smuggling and trade fraud should coordinate their activities in inspecting and controlling the goods transported on trains, at the international transshipment stations at the border, the key inland stations and a number of areas easily accessible to smuggled goods along the railways lines.

4. Should any problem arise during the implementation of this Circular, they must be reported to the above-said ministries for study and guidance.

For the Minister of Trade

Vice Minister
HO HUAN NGHIEM

For the Minister of Public Security

Vice Minister
LE THE TIEM

For the Minister of Communications and Transport

Vice Minister
DAO DINH BINH

For the General Director of Customs

Deputy General Director
NGUYEN VAN CAM